05-02-2014

Conditions and Requirements for Extending Visas:

  1. The conditions for submitting a request in accordance with theregulation are that the person being taken care of by the caregiver (Hereon:the employer/patient) must have an employment permit which is, a) active,b)  not being used by another caregiver,and c) valid for the employment of foreign workers in the caregiving sector
  2. The request should be submitted through the original requestform only, and should be signed by the employer/patient, an immediatefamily member, or the employer’s legal executor.

Documents from theemployer:

 

  1. A letter explaining thereason for extending the license must be attached to the request and signed bythe employer/patient, an immediate family member, or the employer’s legalexecutor. The letter must explain the exceptional humanitarian reasons thatmake the employer in need of care from the foreign worker, and should includedocuments which support such a claim.
  2. A professional opinion inwriting by i) a certified doctor, or  ii)a certified nurse, or  iii) a socialworker of the local authority where the employer resides, should be included tothe claim in writing which shows that terminating the employment of the foreignworker in a caregiving capacity will cause significant damage to theemployer/patient.
  3. One must attach a lettersigned by the doctor who cares for the employer/patient to the request. Theletter must explain the medical history of the employer/patient and his/hercurrent medical situation.
  4. A consent form in which theemployer/patient gives up his/her right to medical privacy must be attached tothe request, either by the employer/patient his/herself or by his/her legalexecutor.

Documents from the worker:

  • One must attach a declaration by the foreign worker, signed by alawyer if the worker understands English or Hebrew. If in another language, thedocument’s translation must be signed by a notary, which states:
  1. The worker agrees to therequest of the employer/patient for the exceptional extension of his/her visa
  2. The worker understands thatif he decides to renege on his/her agreement to the request, it is the worker’sresponsibility to leave Israel, and that a request for another employer willnot be granted.
  3. The worker understands thatif the request is denied, it is the worker’s responsibility to leave Israel,and that he will not be allowed to be included in the request of anotheremployer/patient.
  4. The worker understands thatif the request is accepted, it is the worker’s responsibility to work only forthe employer/patient who requested the extension, and that at the end ofhis/her employment, it is the worker’s responsibility to leave Israel.
  5. The worker agrees that thedetails of his previous employment in Israel, as they appear in the system ofthe Immigration Authority, will be brought to knowledge of the employer/patientif needed.
  6. The declaration shoulddetail the worker’s family situation both in and outside of Israel, and thatthe worker commits to notifying the Immigration Authority regarding any changeto such situation.
  • A signed permission from a certified doctor must be attached tothe request, with the doctor’s name and professional license number, that theworker is healthy and fit for work in the caregiving sector and for theemployer/patient who submitted the request. It must further clarify that theworker is not sick with multiple illnesses, in accordance with the 1991 ForeignWorkers Law.

 

Causes for Denial of Request

 

  1. If the employer/patientdoes not have permission of employment that is valid, active, and unoccupied byanother foreign worker.
  2. If the worker which theemployer/patient wants to extend a license for did not enter Israel with avalid permit and worked with B/1 visa in the caregiving sector
  3. If the worker alreadyhad a “special visa” for another employer before.
  4. If the request wassubmitted without the necessary documents.

Expedited Deliberation

 

  • As a rule, a requestthat was submitted before this regulation will not be accepted, even ifit satisfies the conditions specified above, if one of the followingcircumstances is found:
  1. If the worker is in Israel for more than 7 years. The onlyexception is in cases where the employer/patient is disabled with a”Bituach Leumi” benefit of the maximum level – 175%
  2. If another employer already requested a “special visa”for this worker.
  3. If there was a expulsion decree against the foreign worker, if adecision was made by a certified government worker or a judicial proceeding demandingthe worker leaves Israel.
  4. If the foreign worker is employed in a sector that is not thecaregiving sector
  5. If the foreign worker submitted a request for a different visain Israel (refugee, marriage or partnership with an Israeli) or requested a humanitarianvisa for medical reasons.
  6. If the relationship betweenthe employer and the worker stopped following the worker being outside ofIsrael for a period of more than 3 months.

The Decision of the Minister of theInterior

 

  1. Following deliberation of the request, the advisory committee’srecommendation is forward to the Minister of the Interior.
  2. After the Minister of the Interior makes a decision, a letterwill be sent to the current address of the employer/patient either by theminster or by someone authorized on the minister’s behalf. If the request is denied,it will be detailed in the letter that the foreign worker must leave thecountry within 30 days. A copy of the denial letter will be sent to the immigrationpolice, and the denial will also be updated in the system of the ImmigrationAuthority.
  3. If the request is accepted, the employer/patient mustregister through one of the manpower agencies in the caregiving field within 45days of receiving notification of the permit, and must issue a visa in MisradHapnim (Interior Ministry).